Skip to main content
Normal View

Seanad Éireann debate -
Wednesday, 7 Nov 2001

Vol. 168 No. 10

Adjournment Matters. - Detention of Irish Citizens Abroad.

I too welcome the Minister of State, Deputy Dan Wallace. I would of course prefer to have the Minister for Foreign Affairs present because this is an issue which has been very much in the public domain and it would be of considerable concern to him.

A young Dublin man went on holidays to Thailand in May and he ended up being robbed of £500 and arrested and remanded in prison charged with the theft of a camera valued at £100. He spent the following five months in prison in grossly inhumane conditions where international standards of human rights were obviously not observed. Approximately 180 other prisoners were detained with him in a room, which was not very large and in which not everybody could sit or lie down at the same time. He was manacled for considerable periods in those circumstances. He lost a lot of weight and his teeth were in a very bad condition and were very painful as a result of the diet. He could hardly digest much of the food given to him. Many of the prisoners were receiving food from outside, but of course he could not speak the language and he knew nobody in the country. He was held in desperate conditions.

His brother and mother did everything they could. His brother, who had been there with him, tried to get some legal representation before he returned to Ireland. The system operating in Thailand required one lawyer to deal with bail and another to deal with the charge. Between the jigs and the reels, a number of bail applications were made. Originally the court indicated that he would be let out on bail of £4,000, but then bail was refused. Then the sum was raised to £8,000 and again it was refused, and the matter dragged on. Court hearings were scheduled which never took place because the prosecution witnesses did not seem to be available. As a result this young man spent more than five months in prison.

There was great difficulty in getting much contact with the Irish authorities because of course there is no Irish embassy in Thailand and the nearest embassy is in Kuala Lumpur. At the time that embassy was not fully staffed and it was difficult for it to make contact. Therefore the pursuit of the matter was left in the hands of the Irish community, who heard about the travesty taking place when his mother and brother were interviewed by Joe Duffy on "Liveline". Indeed, I thank RTE radio for the extent of its coverage on the matter, which resulted in international communications between Ireland and the Irish community in Thailand. As I understand it, due to the almost instantaneous manner in which such communications take place, the Irish community in Thailand were made aware of what was happening. They came together to help a fellow Irish citizen and pulled out all the stops to ensure he would be released on bail. Fair play to them. This would not have happened, as I understand it, were it not for the existence of a vigilant Irish community in Thailand and the fact that they became aware of what happened. Were it not for their intervention he could still be in prison in deplorable conditions in Thailand with no indication of when the case might be heard.

The question which therefore arises is the position regarding Irish people in such difficulties in far flung countries. Thailand is becoming increasingly popular as a holiday destination for Irish people, yet we do not have an embassy there. Arising from this unfortunate incident, which is still not resolved, where somebody was kept in such conditions, I ask the Minister what steps are being taken to provide guidelines and procedures to ensure that Irish citizens aboard are not subjected to conditions which infringe on international civil and human rights. In countries where there are systems operating which are not fully democratic, our embassies should monitor situations causing difficulties for Irish citizens and make available legal services.

Persons abroad who do not speak the language could find themselves at the mercy of whatever legal person they might be put in contact with through a native contact in the country concerned and they might not know what the legal system entails. This poor family had two lawyers dealing with the case and it just went on and on. It is important that there should be good legal services available in those circumstances and that, where the person is such a huge distance from home and when civil and human rights are being infringed, the embassy should have the means to make such services available at a very reasonable cost, if not free of charge.

When there is no Irish embassy in a country, surely we can provide an Irish honourary consul. There is no Irish honourary consul in Thailand, although there is a British representative. Why can we not appoint an Irish man or woman who would represent the interests of the Irish people in Thailand? If there was such a person, there would be a far greater degree of networking within the Irish community and if such incidents occur, which should not occur in any case, they would be able to deal with them in a more expedient fashion.

I look forward to the Minister of State's reply regarding what the Department has done and what I hope it will do in the case of this young man, and also what it intends to do on a general basis for Irish citizens who find themselves in similar circumstances while abroad in the future.

In the absence of the Minister for Foreign Affairs, Deputy Cowen, I thank Senator Costello for bringing this issue to the attention of Seanad Éireann and for giving me the opportunity to outline the approach followed by the Department of Foreign Affairs in this case.

I am very pleased that the person in question has been released from custody. I know that this has been a great relief to his family and particularly to his mother who campaigned very effectively for his release. This has been a very difficult and stressful period for her and I am very happy that it is now reaching a conclusion.

The Department of Foreign Affairs has been actively involved in this case from the outset. The House will, I am sure, appreciate that consular cases by their nature are very personal matters and the involvement of the Department is, accordingly, subject to a high degree of confidentiality. Furthermore, in the present case, the person in question has not yet returned to Ireland. For these reasons, it would not be appropriate to go into all of the details of this case. Nevertheless I am pleased to have the opportunity to outline in general terms the contribution made by the Department to protecting the welfare and interests of this person.

The consular section of the Department was informed of the arrest of the person in question a few days after he was taken into custody. By the time they approached the Department, the person's family had already arranged for a lawyer to represent him and did not request assistance in arranging legal representation. The consular section informed the embassy in Kuala Lumpur in Malaysia, which is also accredited to Thailand, of the case and liaised with the family in Ireland. In the weeks that followed, the Department had numerous contacts with the person's family in relation to the first application for bail and other aspects of the legal process and the person's conditions in custody.

Through the Irish Honorary Consul in Bangkok, the embassy in Kuala Lumpur made contact with the person in question to provide such assistance as was possible while he was in custody awaiting trial. I would like to take this opportunity to pay tribute to the honorary consul who works energetically and with great effectiveness on our behalf to assist Irish citizens in Thailand. Because of the distances involved, the embassy in Kuala Lumpur relies very heavily on the honorary consul to support them in providing consular services to Irish people in Thailand. We are very fortunate to have a representative of such a high calibre working on our behalf in this country.

With the assistance of the honorary consul, the embassy in Kuala Lumpur arranged for the person in question to be visited in custody. Subsequently, a consular official from the embassy paid a special visit to Thailand to meet the person and to see what further steps could be taken to assist him. While this official was able to satisfy himself that the person was being treated as well as other detainees in the prison, it was clear that the conditions in which he was being held were extremely difficult. The official took some steps to alleviate the person's conditions by arranging for money provided by the family to be available to the person to purchase extra food and medicines in the prison. The consular section of the Department of Foreign Affairs and the embassy in Kuala Lumpur were later involved in assisting the family with the second bail application which was also unfortunately unsuccessful.

In recent weeks, senior officials from the Department met with the person's family to discuss what further support could be provided and a consular official from the embassy in Kuala Lumpur paid a second visit to the person in custody shortly thereafter. Since the man's release from custody, the embassy has provided further assistance to him.

With regard to the general questions raised by Senator Costello, the function of the Department of Foreign Affairs in cases such as this is to ensure that the consular needs of Irish citizens overseas are fully met. If an Irish national is arrested or imprisoned abroad, our consular representatives can help ensure that the person is treated no less well than other nationals and that basic rights such as the provision of humane custodial conditions and adequate access to legal representation are respected. Our embassies can visit Irish people who are arrested, provide lists of English speaking lawyers and act as a channel for communication between them and their relatives at home. On the other hand, it is important to note that embassies cannot provide legal advice directly or intervene in the legal process nor can they provide financial assistance towards the cost of bail applications or other services.

If the conditions in which an Irish person is being detained fall below what we would regard as an acceptable minimum level, our officials can seek to have them improved. However, it is difficult in some cases to do more than ensure that Irish nationals are treated at least as well as nationals of other countries.

In the present case I believe the Department of Foreign Affairs afforded every possible consular assistance to the person in question and to his family. The Department regards the provision of consular services to Irish citizens as one of its most important functions. In both the consular section in Dublin and in our missions abroad there is a proud and honourable tradition of doing everything possible to respond to requests for assistance from Irish citizens. On behalf of the Minister for Foreign Affairs, I would like to assure the House that this level of service will be maintained and that Irish citizens, such as the person in the present case, who experience difficulties abroad will continue to receive the consular protection to which they are entitled.

The Seanad adjourned at 8.15 p.m. until 10.30 a.m. on Thursday, 8 November 2001.

Top
Share